Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Monday, May 7, 2007

NY Times on Liberation Theology

Here's an interesting article from the front page of today's Times on the persistence of Liberation Theology.  This persistence should come as no surprise.  As the article says, in the years since Cardinal Ratzinger began his (let's say) "encounter" with liberation theology, "the social and economic ills the movement highlighted have worsened." 

The simple fact is that Liberation Theology will not and cannot die because it represents the legitimate aspirations of the poor (in Latin America and elsewhere) and because the message of liberation (spiritual, but also political and economic) is too deeply embedded in the Bible to ignore.  This theology will either persist within the Church, on the margins of the Church, or (if need be) outside the Church.

Obviously, Liberation Theology's social science has changed over the years.  No more Marxist analysis.  This is obviously a good thing, but I don't think jettisoning Marxist frameworks fundamentally changes the substance or significance of Liberation Theology.  Marxism was never really essential to Liberation Theology, conservative critics notwithstanding. Liberation Theology is fundamentally a methodology:  doing theology in light of concrete work with and on behalf of the poor.  As long as theologians continue to engage in this reflection in light of liberating praxis, they will continue to produce theology that challenges the priorities of the institutional Church, which is committed to (and organized around) a fundamentally different model.  This will inevitably lead to tension, and at times even conflict.  But this tension can be a positive thing, and, at the end of the day, I think there's room for both models.

Infrastructures and Religion

I am largely in agreement with Rick concerning Prof. Jack Balkin’s thoughts about religious exercise and developing infrastructures. Generally, I do not see a Constitutional issue, i.e., the establishment of religion, if the State grants certain protections or privileges to religious groups and organizations that are denied to certain other organizations or groups. However, I am apprehensive about the State instructing, directly or indirectly, churches through the mechanisms of “infrastructures.” But worrying about the role of the State is not the only concern that I have. The citizenry is much in need of sound and objective education about the proper role of religion in public life, for they, too, can and do have a voice in defining what these infrastructures might be. Yesterday’s Boston Globe had several letters to the editor that could relate to such matters. One letter writer, Ms. Jennifer Kelley [HERE] was highly critical of a previous letter written by a Catholic priest in response to an Ellen Goodman op-ed essay (“Trumping Women’s Rights”) discussing Gonzales v. Carhart. In Ms. Kelley’s view, “[r]eligious fables have no place in political debates” regarding her decisions about personal health and welfare. I pray that Ms. Kelley’s harsh rhetoric will not deter the Church in its important role in public discourse on any pressing issue of the day—with or without the presence of infrastructures.   RJA sj

Sunday, May 6, 2007

Is there somthing about the culture of death that makes it especially deceptive?

We're all familiar with the re-definition of "embryo","conception", and "pregnancy" and to begin at implantation. Thus Plan B can't cause abortion and embryonic stem cell research can't kill embryos. Again, in Oregon I understand that suicide has been re-defined to not include assisted suicide.

I just looked at the new Mexico City law. It actually does not legalize abortion in the first 12 weeks. Rather, it simply defines "aborto" to include only "interruptions" (another odd word) of pregnancy after the first 12 weeks. ("Aborto es la interrupción del embarazo después de la décima segunda semana de gestación.")

So much for informed consent: "Don't worry, Senora. What we're doing here today is not an abortion."

CLS Religious Freedom Blog

The Christian Legal Society's estimable Center for Law and Religious Freedom (for which Rick and I serve on an advisory board) has a new blog devoted mostly to religious freedom issues.

Tom

Giuliani on Saddam's Eternal Torment

According to news reports, Rudy Giuliani

said Friday that former Iraqi leader Saddam Hussein is paying an eternal and deserved punishment for his brutal life's work.

"You sure wouldn't want to be where Saddam Hussein is, where we helped put him," Giuliani said during a campaign stop in eastern Iowa in which he praised President Bush's war on terrorism but acknowledged that mistakes have been made in Iraq.

It's one thing to say (correctly) that Saddam did great evil, and that his removal is in itself a great good -- even to call our invasion an instrument of God's justice on behalf of Saddam's past and future victims, and even (most questionable but still defensible) to accept his execution as the only way to protect Iraqi society against any attempt of his to retake power (cf. Evangelium Vitae para 100).  But Giuliani's further step into the territory of eternal reward or punishment seems entirely unedifying, especially when, as the story indicates, he crows proudly about how we sent the wrongdoer to his ultimate torment.  For one thing, politicians ought to stick to the issues of earthly justice (even if they assert, as they of course may, that these are informed by God's revelation).  And If they choose to expound on the ultimates, and implicitly claim to do so as Christians, they ought to communicate a sense of sadness about the eternal lostness of any of God's creatures, even if the lostness comes from a death that was necessary for the protection of others.

Then get a load of Giuliani's next moral argument to the Iowans:

During a town-hall meeting with some 100 people, the former New York city mayor was asked to compare what Saddam and former Defense Secretary Donald H. Rumsfeld did in the war. Giuliani paused before answering.

"Where is Donald Rumsfeld?" Giuliani said. "He's alive, writing a book and living the good life with his family."

He compared that to Saddam, who was hanged.

Ah yes, the victor was in the right -- a wonderful line of moral reasoning.  Of course Rumsfeld is not comparable morally to Saddam (faint praise as that is).  But we should all, including Rudy Giuliani, agree that the criterion for that moral distnction is not who survived and didn't survive the war.  Just an off-the cuff-answer?  Maybe, but maybe also revealing about how Giuliani thinks (or doesn't).

If this is how Giuliani hopes to recapture with traditionalist Christians the points he's lost by being pro-choice, I sure hope it won't work (but see the reported "cheers and applause" he received)

Tom

The infrastructure of religious freedom: Balkin responds

A few days ago, in this post, I commented on Jack Balkin's recent speech, "Two Ideas for Access to Knowledge– The Infrastructure of Free Expression and Margins of Appreciation," and asked:

What if we substituted "religious freedom" for "free expression"?  Does religious freedom require an infrastructure?  If so, "[w]hat is in that infrastructure"? 

Here are Balkin's thoughts, in response.

There certainly is [such an infrastructure]. Freedoms like speech, press, and religion require more than mere absence of government censorship or prohibition to thrive; they also require institutions, practices and technological structures that foster and promote these freedoms. . . .

So what are the infrastructures of religious freedom? They include a wide range of private institutions-- churches, educational institutions, and charities. They also include many of the same structures and technologies that undergird freedom of speech, because religions are usually perpetuated through communication and education, just as cultures and ideologies are.

Religious freedom faces a special problem, however, because the U.S. Constitution limits the forms of infrastructure that the government can provide. The Constitution forbids federal and state governments from making laws concerning establishments of religion or that establish religion. Hence some obvious methods for creating an infrastructure of religious freedom are not available to governments that would be available to promoting freedom of speech more generally. . . .

Therefore, government can play somewhat less of a role in providing the infrastructure of religious freedom than it can in the case of free expression. Much of the slack will have to be made up for by private action, including private charity. With respect to the latter, however, government can play and has traditionally played an important role. Governments have allowed deductions for contributions to religious organizations and religious charities, and they have traditionally allowed churches and other religious charitable organizations exemption from property taxes as part of a general exemption for charitable and educational organizations. . . .

So far, I think I'm on board.  There's more . . .

It standing governmental tax policies that treat religious organizations the same way they do other charitable and educational institutions.

Thus, although the Establishment Clause prevents the government from singling out religion for special benefits to create an infrastructure of religious freedom, it does not prohibit the government from creating infrastructural elements that benefit both religious and nonreligious expression alike.

I don't agree here, I think.  Sometimes, the government may single out religion for special treatment -- i.e., because it is religion -- without "establishing" religion or violating the freedom of religious conscience.  I am intrigued by, and attracted to, Balkin's "infrastructure" suggestions, but am not so sure that the Constitution limits government to building up that infrastructure accidentally, i.e., in ways that assimilate entirely religious freedom to free expression.

Gov. Kaine and religion

Here's a Washington Post article on Virginia's Catholic governor, Tim Kaine (D), and his frequent use of religious and religiously themed language. 

Religiously affiliated law schools blog

A new blog for MOJ-types:  Thanks to Mark Osler, the religiously affiliated law schools now has one.

Friday, May 4, 2007

Chiara Lubich's Essential Writings

I am resurfacing after a month which included moderating a series of programs to launch Chiara Lubich’s Essential Writings, the most complete collection in English to date of the letters, meditations, poetry, reflections and conversations which capture both the original spirit and key ideas behind the Focolare Movement’s work throughout the globe.

As many of you know, Lubich’s spirituality and work has been the springboard for much of my scholarship on how a Trinitarian model might inform approaches to legal theory.  Through the series of public events and scholar’s workshops, it was fascinating to see what others were beginning to draw out of her work, from a variety of disciplinary angles.

We didn’t plan it this way – speakers were free to focus where they wanted – but in the end many of the reflections revolved around how Lubich’s focus on Jesus’ cry on the cross, “My God, my God, why have you forsaken me?” – can become a key for bringing hope, love and light to the divisions and despair that envelop our world.

The Fordham program included reflections by the Holy See’s Observer at the UN, Archbishop Celestino Migliore on Lubich’s vision for international politics.  Rabbi Tsvi Blanchard of the National Jewish Center for Learning and Leadership gave a stunning reflection on how her work might inform a Jewish understanding of Jesus’s cry on the cross.  Peter Steinfels was also touched by her “unblinking and courageous faith” that “looks into the abyss of human suffering and does not turn her gaze.”  Here’s the CNS piece about the event that’s been picked up by various diocesan local papers. 

The Villanova program was graced by the presence of fellow MOJ-er Mark Sargent (implications for economics and corporate theory), and by Jeanne Heffernan (political theory), as well as a panel on ecumenical dialogue and the Focolare’s ongoing dialogue with African-American Muslims.  The program at Catholic University featured David Schindler and Peter Casarella.  Events were also held in Toronto, Montreal, Chicago, at St. Thomas (MN), in various cities in Texas, and in Los Angeles.

You’ll be hearing more from me on this – it’s the best English translation out there, so I’m looking forward to working it into future scholarship.  Amy

The Continuing Exodus of Women from Law Firms

The MIT Workplace center just released a new report "Women Lawyers and Obstacles to Leadership" documenting the exodus of women from law firms and its effect on male/female partnership ratios in law firms in Massachusetts.  From the summary:

Massachusetts law firms do not generally assume responsibility for the need of their lawyers to take time for their families. The result is an exodus of women from firm practice and an extremely low number of women among equity partners—the present ratio being 17% women, 83% men. These conclusions emerge from a recent report of two MIT Workplace Center surveys tracking the career paths of nearly 1000 women and men in Massachusetts firms over a five year period.

The specific findings of the surveys show that women and men enter law firms in essentially equal numbers but women leave firm practice at every pre-partner level at a far higher rate than men—more than 30% for women and less than 20% for men. The primary reason, far above all others, is the need for more time for family than the firms support. And this reason is borne out by what these women do when they leave. They do not opt out of the workforce. Nearly 80% move to workplaces that do allow the time they need, even if they are working fulltime.

The survey also shows the promise of reduced hours as a means of solving the time-squeeze problem. 47% of women with children practice part-time at some point, and those who do stay in their firms longer than women with children who work full-time. But the promise is unfulfilled because those who take part-time are likely to be penalized later. They are less likely to make partner than those who are able to stay full-time.

I haven't had a chance to read the whole report yet, but a Boston Globe article about it raised this concern:

The study echoes the findings of other recent major reports, but offers more detailed statistics and demographic data. It also aims to draw attention to the social consequences of this troubling exodus: As fewer women ascend to leadership positions in their firms, the pool of women qualified to become judges, law professors, business chiefs , and law firm managers is shrinking.

. . . For years, law firm leaders have insisted that as more women graduate from law school and enter private practice, the presence of women in leadership positions in the judiciary, in business, and in academia would grow correspondingly. But even though the gender gap in law firm hiring has been narrowing over the past decade, women are dropping off the partner track at alarming rates.

I think that is a valid point, generally, though I question whether that's true in academia.  Doesn't  staying in private practice long enough to make partner virtually disqualify you from a tenure-track position in most law schools?  The way this same dilemna plays itself out in academia is the timing of the tenure track, and the paucity of part-time tenure track or options of pausing the tenure track, as I've argued and documented elsewhere.

But are the social consequences of the lack of women in leadership positions really all that adverse?   Maybe we're all just better off if at least one spouse prioritizes her children over her career.  As I've argued here before, though, and as I've argued elsewhere, too, I think there are very serious reasons to be concerned about the persistence of this imbalance.